Rajasthan High Court - Jodhpur
Mangi Bai vs Shriram General Insurance Company ... on 15 December, 2023
Author: Rekha Borana
Bench: Rekha Borana
[2023:RJ-JD:44097]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 155/2022
Mangi Bai W/o Udai Lal Keer, Aged About 39 Years, Tarakhedi,
Tehsil Kapasan, District Chittorgarh
----Appellant
Versus
1. Shriram General Insurance Company Limited, Branch
Manager, E-8, E.p.i.p., Riico Industrial Area, Sitapura,
Jaipur, District Jaipur 302022
2. Madhav Lal S/o Lelapat Menariya, Napaniya, Tehsil
Bhadesar, District Chittorgarh
----Respondents
For Appellant(s) : Mr. Manish Pitaliya
For Respondent(s) : Mr. Vishal Singhal
HON'BLE MS. JUSTICE REKHA BORANA
Order
15/12/2023
1. A submission has been made by the learned counsel for the
parties that a compromise has been entered into between the
parties in the spirit of lok adalat and as the National Lok Adalat
scheduled to be held on 09.12.2023 has not been held, a
permission for listing the case has been made.
In view of the above request, the appeal has been permitted
to be listed today.
2. The present civil misc. appeal has been preferred by the
appellant seeking enhancement of the compensation amount as
awarded by judgment dated 05.10.2021 passed in MAC Case
No.466/2012 by learned Motor Accident Claims Tribunal,
Chittorgarh whereby the claimant has been held entitled to a
compensation of Rs.1,65,100/- with interest @9% per annum.
Vide the said award, the insurance company has been exonerated
but has been directed to "Pay and Recover".
[2023:RJ-JD:44097] (2 of 3) [CMA-155/2022]
3. Learned counsel for the claimant and insurance company, in
the spirit of lok adalat, have placed on record a memorandum of
understanding/compromise entered into between them which is
taken on record.
4. Learned counsel appearing for the insurance company, on
instructions, submits that although the insurance company has
been exonerated from the liability and has been granted liberty to
pay and recover, the insurance company is ready to pay the
enhanced amount of the award to the claimant without any
direction/liberty to pay and recover.
5. In view of the submission made and in the spirit of lok
adalat, the compensation amount as awarded by the impugned
award dated 05.10.2021 is further enhanced by Rs.1,40,000/- in
favour of the claimant-appellant as full and final settlement of the
case. The amount so agreed shall be deposited by respondent
No.1-Insurance Company with the Tribunal within a period of two
months from today failing which, the same shall carry interest
@7.5% per annum from the date of this order till actual
realization. The enhanced amount of compensation be disbursed/
deposited in terms of the award in the saving bank account of the
claimant-appellant. The impugned judgment/award dated
05.10.2021 passed by MACT, Chittorgarh in MAC Case
No.466/2012 is modified accordingly.
6. However, it is made clear that as the compromise has been
entered into between the claimant and the insurance company
only and the driver and owner of the vehicle are not a party to the
said compromise, the insurance company would only be liable to
pay the enhanced amount to the claimant as directed above. The
[2023:RJ-JD:44097] (3 of 3) [CMA-155/2022]
direction to "Pay and Recover" shall not apply to this enhanced
amount.
7. The appeal is disposed of with the above observations.
8. Office is directed to send back the record forthwith.
(REKHA BORANA),J
86-T.Singh/-
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